Virginia Drug Possession Defense

§ 18.2-250 • All Schedules • D.J. Rivera, Esq.

The Law: Virginia Code § 18.2-250

It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription... Upon the prosecution of a person for a violation of this section, ownership or occupancy of premises or vehicle upon or in which a controlled substance was found shall not create a presumption that such person either knowingly or intentionally possessed such controlled substance.

Penalties by Schedule

Schedule I/II (cocaine, fentanyl, heroin, meth): Class 5 felony
Schedule III: Class 1 misdemeanor
Schedule IV: Class 2 misdemeanor
Schedule V/VI (including marijuana in many cases): Lower misdemeanor

Defense Strategies D.J. Rivera Uses

Illegal search & seizure (4th Amendment motions)
Lack of knowledge or intent
Constructive possession challenges
Lab testing errors or chain of custody issues
First-offender programs & diversion in Richmond & Northern VA courts

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